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If your injured on the job & return to lite duty does the employer have to give the original schedule back to the employee?

Portland, OR |

doc says that i can work 8 hrs a day 4 days a week my original schedule was 12pm-10pm sun-wens as person in charge

Attorney Answers 4

Posted

No. They just have to offer you available work within your limitations, if they have it.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Posted

I agree with Attorney Corson, they have to offer you what is available within your restrictions.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

If your employer has light duty work available that is within your doctor's restrictions, they have to offer it to you. But, they do not have to offer you work within your regular work schedule while you are on work restrictions. If they do not have light duty available that fits within your restrictions, then you are owed temporary disability payments by the workers' compensation carrier.

DISCLAIMER: The above-offered information does not create an attorney-client privilege, and should be considered general information.

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Posted

No, the employer is only obligated to accommodate your restrictions, not put you back on your original schedule. But, if your modified (light duty) job does not adhere to your restrictions (including your commute restrictions), you do not have to do it. Also, if your light duty job is less hours than your normal job, the difference must be made up with time loss payments from the workers' comp insurer.

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